Learning lessons from social dialogue practices Jan Dereymaeker, coordinator ITUC/TUDCN Trade Union Development Cooperation Network

Conditions for policy dialogue Freedom of Association and Collective bargaining: international standard with supervisory mechanisms to monitor application in law and practice In-country “tripartite” policy framework, standard setting and monitoring “enabling environment” Capacity development Capability development Infrastructure (machinery) Context Policy coherence for development

Freedom of association and activities C87 ILO Article 2 Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation. Article 3 1. Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes. 2. The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.

As actors in their own right Article 5 Workers' and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations of workers and employers. Article 6 … Article 7 The acquisition of legal personality by workers' and employers' organisations, federations and confederations shall not be made subject to conditions of such a character as to restrict the application of the provisions of Articles 2, 3 and 4 hereof. Article 8 1. In exercising the rights provided for in this Convention workers and employers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land. 2. The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention.

With right of initiative C94 ILO Article 1 1. Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment. 2. … Article 2 1. Workers' and employers' organisations shall enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration. 2. In particular, acts which are designed to promote the establishment of workers' organisations under the domination of employers or employers' organisations, Article 3 Machinery appropriate to national conditions shall be established, where necessary, for the purpose of ensuring respect for the right to organise as defined in the preceding Article 4 Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements.

Lesson 1 Freedom of association /to organise is fundamental Is unconditional Is rights based in national law Includes international dimension Freedom of association comes with freedom to act/organise activities Safeguards/protection are necessary “machinery” is indispensable to protect and to enable “Ownership” is multistakeholder and rights based Recognition of (absolute) rights of partners

Monitoring framework Country heavy Governments must translate its ”obligations” e.g. principles and standards into national legislation and practice through social dialogue (C144) In law Legal frameworks Jurisprudence Labour courts & labour inspection In practice Governments are liable for implementation Labour inspection Global light: ILO tripartite supervisory mechanism Complaints systems FoA has special urgent procedure Reporting mechanisms by experts and tripartite dialogue Technical cooperation to improve situation Tripartite at all levels and for all procedures and decision making

Lesson 2 Link In-country to global and global to local They are based on in-country translation but are multilaterally agreed (no unilateral conditionalities) and universally applicable. They do protect against social dumping and social competition between states It does not happen by itself also the process needs rights based rules International principles and standards not only on substance but also on process (multistakeholder dialogue; independent expertise; rights based; complaint mechanisms; technical assistance for improvement) to enhance the dialogue and give rights to partners To ensure proper in-country monitoring Rights based mechanisms of complaints and arbitration Monitoring is not only about “sanctions” but about “enhancing” Rights based with protection and complaints mechanism Independent expert analysis Based on “structured” dialogue Technical cooperation to improve situation Multistakeholder approach is “radical” in all decision making and includes standard setting, implementation, monitoring and technical cooperation. State has specific obligation to make it work.

The enabling environment Implementation is not only about laws Social dialogue needs rights based rules (cfr int’al standards) On “representation” (“most representative” notion) On what (knowledge and data gathering and sharing) and how (tripartite decision making procedures) Social dialogue needs infrastructure Social dialogue institutes and/or economic and social committees Labour inspection Labour courts Social dialogue needs political will and budget support This needs a minimum of global “machinery” for setting the global standards but also for monitoring them and for supporting progress on implementation

Capacity and capability Capacity development is essential For each and all partners: workers and employers but also government (ministries of labour) Capability makes capacity work Legislation in place and institutional framework Budget support Partners should be equipped and able to act in autonomy International dimension is essential to make the system work and make it accountable Protects (recourse, appeal procedures, complaints, ….) Disables social dumping Support autonomy of the partners

Lesson 3 Approach should be rights based so that partners can be autonomous and be accountable Approach should be dialogue based and multistakeholder Institutionalised “machinery” is essential to support dialogue process and allow for results. Capacity development (of all actors) goes together with capability (enabling environment) The accountability approach is also based on the interaction and coherence between the national and international levels.

Context Globalisation is changing the systemic conditions Ownership becomes limited and “country systems” an empty concept, in a (financial) markets driven global economy and compliant policies of international institutions Democratic deficit in international/European decision-making is threatening democratic ownership Profit driven financial markets have no time for (multistakeholder) democracy; they are anti-systemic in democracy as we experience in the current crisis. Paradigm shift in development should switch to democratic governance instead of inclusive growth. Actors in democracy, not markets (and their institutional compliance) have to be in charge of common interest of people and drive the development agenda’s.

Lesson 4 Democratic governance in development is more effective/sustainable than market/profit driven development Policy coherence for development should place democratic governance as the central issue Internationalisation of governance has to address urgently the question of the democratic deficit and lack of accountability of the intergovernmental (market-driven) dynamics These lesson are still to be learned by the international institutions and policy makers including the EU

Conclusions We need a “radical” approach No conditionalities to freedom of association (actors in their own right) and to the right of initiative, others than self regulated Accountability needs to be rights based and therefore the system needs to be rights based In law and practice Enabling environment/machinery (including capacity development) is part of the deal Interaction between national and international in a rights based approach to policy dialogue is essential to ensure coherence and accountability Multistakeholder means sharing (decision making) power at all levels, based on (mutual) recognised actors and on dialogue within a democratic and accountable (international) system